High Court decline to issue conservatory orders barring impeachment motion hearing by Senate against DP Gachagua
The High Court has this afternoon declined to issue conservatory orders that would have temporarily stopped the impeachment motion against Deputy President Rigathi Gachagua in the Senate.
Gachagua had filed 26 cases in court challenging the impeachment proceedings, arguing that they were politically motivated.
In his ruling, Justice Chacha Mwita, emphasised the importance of upholding the doctrine of separation of powers, asserting that all arms of government must respect their distinct roles.
He indicated that the judiciary should not interfere with the parliamentary process unless under exceptional circumstances.
Despite denying the conservatory orders, Justice Mwita acknowledged that the Deputy President had raised several substantive legal issues.
As a result, he has referred the case to Chief Justice Martha Koome for further action.
“However, in view of the issues raised in this petition, which also appears to relate to those in Petition E522/2024 which has been certified for purposes of appointing a bench of uneven number of judges to hear, I certify this petition as raising substantial questions of law and of public interest in terms of Article 165 (4) of the Constitution. This file is to be placed before the Honourable Chief Justice to proceed and appoint an uneven number of judges to hear this petition.” Justice Mwita ruled.
“Give the close proximity of the issues in this petition and those in Petition E522, the Honourable Chief Justice may consider whether this petition may be heard by the same bench appointed top hear Petition E522.” Justice Mwita observed.
CJ Koome has already appointed a bench consisting of Justices Erick Ogola, Antony Mrima and Dr. Frida Mugambi, to hear five petitions seeking to prevent the impeachment of DP Gachagua.
Gachagua, represented by a legal team led by Senior Counsel Paul Muite, is challenging the impeachment on several grounds, including a lack of public participation.
“The Chief Justice may either assign the same judges appointed yesterday or constitute a different bench to handle this case.” Justice Mwita ruled.
The court’s decision now sets the stage for a detailed hearing on the legal grounds of the impeachment motion, with a bench of judges to be appointed by the Chief Justice in the coming days.
The Deputy President is set to defend himself before the Senate tomorrow Wednesday, October 16, 2024, where he faces 11 charges approved by 282 MPs in a vote by the National Assembly.
The impeachment motion, sponsored by Kibwezi West MP Mwengi Mutuse, accuses Gachagua of corruption, tribalism, and abuse of office, among other charges.
The petitions challenging the impeachment have raised concerns over the legality of the process, with some questioning how the charges were brought forward.
The consolidated case will determine whether the due process, as outlined in the constitution, was followed.
If the impeachment succeeds, this would mark the first time a sitting Deputy President in Kenya has been removed from office under the 2010 constitution.
